The court found further support for its decision in the fact that, absent the ability to use untainted funds to secure counsel, "these defendants, rendered indigent, would fall back upon publicly paid counsel, including overworked and underpaid public defenders" and that "increasing the government-paid-defender workload [would] render less effective the basic right the Sixth Amendment seeks to protect.

24) Despite the historical use of "lapse of time," courts are in conflict as to whether the "lapse of time" has the ability to incorporate the Sixth Amendment to the United States Constitution's Speedy Trial Clause outside of context of criminal prosecutions, under the current laws of the land.

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